GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 450
The General Assembly of North Carolina enacts:
Section 1. Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130-295.02. Additional requirement for hazardous waste disposal facilities; hazardous waste to be placed in containers.
(a) For purposes of this section, the term 'container' means any portable device into which waste is placed for storage, transportation, treatment, disposal, or other handling, and includes the first enclosure which encompasses the waste.
(b) All hazardous waste shall be placed in containers for disposal, except as the Commission shall provide for by rule. The Commission shall adopt standards for the design and construction of containers for disposal. Standards for containers may vary for different types of waste. The standards for disposal containers may supplement or duplicate any of the performance or engineering standards for hazardous waste disposal facilities required under State or federal law; however, the performance or engineering standards for hazardous waste disposal facilities are separate and cumulative, and the performance or engineering standards for hazardous waste disposal facilities and containers may not substitute for or replace one another."
Sec. 2. G.S. 130A-295.02(j) reads as rewritten:
"(j) For purposes
of this subsection, special purpose commercial hazardous waste facilities
include: a facility that manages limited quantities of hazardous waste; a
facility that limits its hazardous waste management activities to reclamation
or recycling, including energy or materials recovery or a facility that stores
hazardous waste primarily for use at such facilities; or a facility that is
determined to be low risk under rules adopted by the Commission pursuant to
this subsection. The Commission may shall adopt rules
establishing reasonable times and frequencies for the presence of a resident
inspector on less than a full-time basis at special purpose commercial
hazardous waste facilities which manage limited quantities of hazardous
waste. facilities. Rules providing for resident inspectors
on less than a full-time basis shall be based on such factors as the smallness
of the facility, Rules adopted pursuant to this subsection shall
establish classifications of special purpose hazardous waste facilities based
on factors including, but not limited to, the size of the facility, the
type of treatment or storage being performed, the nature and volume of
waste being treated, treated or stored, the uniformity,
similarity, or lack of diversity of the waste streams, the predictability of
the nature of the waste streams and their treatability, whether the facility
utilizes automated monitoring or safety devices that adequately perform
functions that would otherwise be performed by a resident inspector, the
fact that reclamation or recycling is being performed at the facility
and the compliance history of the facility and its operator. Special
purpose commercial hazardous waste facilities shall be subject to inspection at
all times during which the facility is in operation, undergoing any maintenance
or repair, or undergoing any test or calibration. Rules adopted pursuant to
this subsection shall specify a minimum number of inspections during such times
as the facility is subject to inspection. Commercial hazardous waste
facilities that utilize hazardous waste as a fuel source shall be inspected a
minimum of 40 hours per week. The Department shall maintain records of
all inspections at special purpose commercial hazardous waste facilities.
Such records shall contain sufficient detail and shall be arranged in a readily
understandable format so as to facilitate determination at any time as to
whether the special purpose commercial hazardous waste facility is in
compliance with the requirements of this subsection and of rules adopted pursuant
to this subsection."
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 28th day of June, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives